Discrimination - Other - Georgia

Summary of differences between federal and state regulations

Georgia does not regulate areas of discrimination outside the scope of the federal regulations. The federal areas of discrimination include race, color, sex, age, national origin, religion, pregnancy, genetic information, disability, and veteran status.

The main Georgia employment discrimination law is the Georgia Fair Employment Practices Act (GFEPA), which is limited to public employers with 15 or more employees.

The GFEPA lists the following protected classes:

• Race,
• Color,
• Religion (all aspects of religious observance and practice, as well as belief),
• Pregnancy,
• Sex (only equal pay based on sex in private sector),
• Age (40-70; allows for a criminal action only, i.e., no private right of action by the employee),
• Sexual Orientation/Gender Identity or Expression (The Georgia Commission on Equal Opportunity (GCEO) interprets the GFEPA to include these protections under “sex”),
• National origin, and
• Disability (applies to both public and private employers).

In the GFEPA, the terms “public employer or “employer” means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state. 

There is no enforcement agency for employees in the private sector.  Actions brought by public sector employees are handled by the Georgia Commission on Equal Opportunity (GCEO) – Equal Employment Division. 

Disabilities

The Georgia Equal Employment for Persons with Disabilities Code applies to public and private employers with 15 or more employees. It prohibits an employer from discharging or discriminating against any individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person’s disability unless the disability restricts that individual’s ability to engage in the job or occupation for which he or she is eligible.

“Disability” under Code means any condition or characteristic that renders a person an individual with disabilities but does not include addiction to any drug or illegal or federally controlled substance nor addiction to the use of alcohol.

“Physical or mental impairment” under the Code means:

• Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or
• Intellectual disabilities and specific learning disabilities.

Equal pay based on sex

The Georgia Equal Pay Act applies to public and private employers with 10 or more employees and governs equal pay based on sex. 

State

Related information

Protected classes ezExplanation

Contacts

Georgia Commission on Equal Opportunity (GCEO) – Equal Employment Division 

Regulations

O.C.G.A. § 45-19-29  Public officers and employees; Labor practices; Unlawful practices generally

O.C.G.A. § 34-1-2 Prohibition of age discrimination in employment

O.C.G.A. § 45-19-22(6) Public officers and employees; Labor practices; Definition of "public employment"

O.C.G.A. § 34-6A-4 Labor and industrial relations; Equal employment for persons with disabilities; Prohibited discriminatory activities

O.C.G.A. § 34-6A-2 (1) Labor and industrial relations; Equal employment for persons with disabilities; Definition of "disability"

O.C.G.A. § 34-6A-2 (7) Labor and industrial relations; Equal employment for persons with disabilities; Definition of "physical or mental impairment"

O.C.G.A. § 34-5-1 Labor and industrial relations; Sex discrimination in employment; Declaration of public policy regarding discriminatory wage practices based on sex

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.